Legal Question in Personal Injury in Texas

Can a Medical insitute contact you after a car accident and ask if you were hurt?


Asked on 1/26/10, 11:40 am

2 Answers from Attorneys

Jason Kipness Kipness Law Firm

Yes. But they are not the best people to treat your injuries.

If you are in an car accident, you need to speak to a personal injury lawyer before talking to the insurance company.

For free information on Texas car accidents, visit http://www.kiplawfirm.com or send us confidential e-mail at our website.

Good Luck!

Jason

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Answered on 1/31/10, 1:25 pm
Dan Street Street Law Firm

I'm addressing this question because it touches on an issue that is extremely important for the public to be aware of. Solicitation of personal injury cases is absolutely rampant in Texas, and the public needs to know what they are dealing with. It would not surprise me one bit to find that the contact you received from a "medical institute" was actually orchestrated by an attorney.

First, the rules. It is both a violation of the Cannons of Ethics and the criminal laws of Texas for any attorney--or someone acting on his behalf--to contact anyone (other than a close friend, family member, or former client) and ask that person to allow that attorney to represent them on a matter. In fact, it is a FELONY offense (called "barratry") for an attorney or anyone else to solicit a case, as it is for anyone to give or receive ANYTHING of value in return for a case. This means that the so-called "finders fee" that many sleezy attorneys pay is absolutely ILLEGAL, and merely asking for or accepting such a fee could subject you to prosecution for felony barratry. The problem is that this practice goes on day after day in this state (especially in the big cities) and the vast majority of personal injury lawyers are in it up to their necks. The Dallas Grievance Committee has recently committed itself to cracking down on this deplorable practice, so we should see more prosecutions and (hopefully) disbarments in the near future. In the meantime, if any attorney, "runner," "investigator," or anyone else offers to pay you for your case, or even contacts you without your having invited them to do so, PLEASE help us clean up the filth by turning that person over to the District Attorney and/or local bar association. It's the only way we will ever rid ourselves of the "ambulance chasers."

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Answered on 1/31/10, 7:50 pm


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